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Does an Affair Have a Major Effect on a Divorce in Illinois?

 Posted on September 14, 2023 in Divorce

Naperville Divorce LawyersInfidelity is one of the leading causes of divorce. This kind of betrayal can sever the bond between a married couple. Although it is a common cause of divorce, many people are still confused about whether it can affect spousal support and parental responsibilities in Illinois. You can consult an experienced attorney to help you navigate this complicated divorce process. 

Can Your Ex-spouse Still Get Spousal Support if They Cheated?

Illinois is a state that mandates no-fault divorce, so there is no requirement to establish grounds for divorce, such as adultery. As a result, infidelity itself usually does not directly affect spousal support payments. 

The role of spousal support is to ensure that both spouses can maintain a living standard that is roughly equivalent after a divorce. The criteria for calculating spousal support include the following: 

  • The assets and earnings of each spouse

  • The financial requirements of each partner

  • Living conditions during the marriage

  • How long the marriage lasted

  • The spouses’ ages, health, and level of education

  • Any reduction in the maintenance-seeking spouse's ability to earn a living due to compromises made during the marriage

Does Cheating Affect Parental Responsibilities in Illinois?

Infidelity by itself does not affect parental responsibilities in Illinois—the court system in Illinois accounts for the child's best interest. However, it may become relevant if it directly impacts the child's well-being. For example, if the parent's extramarital relationship leads to the child facing neglect or abuse, this would be considered when parental responsibilities are being determined. 

The court looks at the following factors when determining parental responsibilities: 

  • The child's preferences, if age appropriate 

  • The wishes of both parents 

  • The child's relationship with both parents

  • The child's needs

  • The distance between each parent's residence 

  • The mental and physical health of each parent

  • Each parent's level of participation in past decision-making

  • If the child must move, the implications of an adjustment to a new community and school

  • Each parent’s level of cooperation and ability to support the child's relationship with the other parent

  • Any physical, verbal, or emotional abuse directed at the child or another person in the child’s presence

Contact a Will County, IL Divorce Attorney for Help

To negotiate the difficulties of divorce and ensure that your rights and interests are protected throughout the divorce process, contact a Naperville, IL divorce lawyer. Our skilled family law attorneys at Law Office of Ronald L. Hendrix, P.C. can provide you with the right support and guidance for your unique divorce case. We offer free consultations, so give us a call today at 630-355-7776.

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